The National Labor Relations Act (NLRA), the principal federal law regulating employee-employer relations in America’s private sector, purports to uphold the right to “form, join or assist labor organizations” and also “the right to refrain from” forming, joining or assisting such organizations. But the NLRA fails utterly to give equal protection to workers who don’t want a union. For example, under the NLRA as interpreted by the courts, workers who don’t want a union have only a nominal right not to join. As nonmembers, they don’t have the right to refuse to pay dues or fees to the union, and...